(113) Identification Of Affidavits/Declarations
Filed Under 37 CFR 1.131 Which Establish
A Date of Invention In A
NAFTA or WTO Member Country
35 U.S.C. 104 was amended by Public Law 103-182 and 103-465 to permit
applicant/patentee to establish a date of invention in a NAFTA country no
earlier than December 8, 1993 and in a WTO member country no earlier than
January 1, 1996, respectively. 37 CFR 1.131 was amended, effective
May 31, 1995, to implement the changes made to 35 U.S.C. 104. In order to
study the impact of the changes to 35 U.S.C. 104 and to track affidavits/
declarations filed under 37 CFR 1.131 as a result of the changes to 35
U.S.C. 104, the U.S. Patent and Trademark Office (Office) is requesting
applicant/patentee to identify in the title of affidavits/declarations
filed under 37 CFR 1.131 whether the affidavit/declaration is filed to
establish a date of invention in a NAFTA country other than the U.S. or
in a WTO member country other than a NAFTA country by providing the
following:
"131 N" - for NAFTA country other than the U.S.; and
"131 W" - for WTO member country other than a NAFTA country.
The Office is in the process of modifying the Patent Application
Location and Monitoring system (PALM) to record the receipt of the types
of affidavits/declarations filed under 37 CFR 1.131 identified supra.
The new procedure for identifying affidavits/declarations filed under
37 CFR 1.131 of the "131 N" or "131 W" categories is effective
immediately.
Sept. 30, 1997 STEPHEN G. KUNIN
Deputy Assistant Commissioner for
Patent Policy and Projects
[1203 OG 155]